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On the other hand, the “electronic authentication” concept that refers to the authenticity
verification process of the identifications performed by means of data messages or other
electronic transmission means; it is a concept that fully respects the principle of technological
neutrality that has to prevail in every rule. In effect, considering that technology evolution time
is extremely fast, while the normative elaboration processes are long by definition, as they
require complex consensus, an appropriate normative technique indicates the benefit of having
neutral technological regulations, i.e., that are not defined by one technology or another, as they
will surely turn obsolete in the short term. In the cases where the laws adopt a technological
solution, they are no longer part of the solution but become part of the problem. (SCHAPPER,
RIVOLTA, VEIGA MALTA; 2006)
The electronic authentication concept contained in the Social e-ID Framework is technologically
neutral. When it refers to “other means of electronic transmission” it provides for the possibility
of including any other means different from paper-based physical support, without establishing
a particular technology.
In this sense, the Social e-ID Framework accepts as forms of electronic authentication what
is known as e-signatures, digital signatures, biometrics technology and any other electronic
mechanism to prove an identity. This initiative is innovative in that it correctly defines the
functions: on the one hand, identification that includes technological elements such as
biometrics; and on the other hand, the electronic authentication process that accepts any type
of electronic procedures.
This vision is better than the current one. In effect, the current legal Framework, derived from
the e-commerce, e-signature and digital signature laws, has stressed the function of signing
the documents. Not disregarding that they are a very important progress for e-commerce and
e-government development, the e-signature and digital signature laws are referred to two
different situations. On the one hand, the electronic substitute of the handwritten signature, as
an expression of consent by the individual when executing a legal act; and in the other hand, the
process of being identified by a computer system.
We can see an example in the case of e-invoices. A paper-based invoice does not require the
signature of the vendor who issues it. Nevertheless, some initiatives of e-invoice included
digital signature. This means that more formalities were required to the digital solution than
the traditional method.
El Social e-ID Framework, in a correct manner from our judgement, defines de instance of
electronic authentication independently from the concepts of e-signature and digital signature
defined in the glossary, as it is about different institutes. As an example, when I go into a Civil
Register to get married, I do not need to submit any credentials, but at the moment of signing
the marriage act, my handwritten signature expresses my consent.
The Social e-ID Framework is inspired in the UNCITRAL Convention on Electronic
Communications in International agreements, that provides for the functional equivalent
concept, accepting the use of varied electronic authentication techniques. As regards the legal
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